Baleshwar Raut @ Baleshar Kumar Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31603 of 2014 Arising Out of PS.Case No. -43 Year- 2014 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Baleshwar Raut @ Baleshar Kumar Raut Son of Thagan Raut Resident of village- Chandauli, P.S.- Waini O.P., District- Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sujit Kumar Singh, Advocate For the Opposite Party/s : Mr. Yogendra Kr.Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-02-2015 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner being the husband of the informant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 341, 323, 354, 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

Accusation is of torture for non-fulfillment of dowry demand.

On instruction it is submitted by the learned counsel for the petitioner that the petitioner is ready to keep the informant as wife with full dignity and honour. Learned counsel for the informant submits that the informant is ready to accept the offer of the petitioner.

Patna High Court Cr.Misc. No.31603 of 2014 (2) dt.03-02-2015 Both the petitioner and informant appear before the learned court below on 16th of February, 2015 when the petitioner will take the informant to keep her as wife with full dignity and honour.

Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail for one year in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Tazpur (Waini O.P.) P.S. Case No. 43 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional bail of the petitioner will be confirmed within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the informant gets reluctant to reconcile the issue; and (iii) or if the informant fails to appear before the learned court.

(Dinesh Kumar Singh, J) P.K./- U T